Lack of claimant consent to send their personal data to GPs, using the ESA65B letters

The request was successful.

Dear Department for Work and Pensions,

The Information Commissioner (ICO) has contacted the DWP confirming that it needs to change the 'Declaration' sections of the ESA1 claim form and the ESA50 and UC50 Work Capability forms as they do not comply with the Data Protection Act 2018/GDPR.

This is in relation to claimant opt-in consent for the DWP to send claimant personal data to GPs by use of the DWP ESA65B letter.

ICO letter: "DWP has not complied with its data protection obligations, because its ESA1, ESA50 and UC50 forms do not provide a way for claimants opt in to the statement “I agree to my doctor or any doctor treating me, being informed about the Secretary of State’s determination on limited capability for work, limited capability for work-related activity, or both..." of 9/7/19

Therefore, when does the DWP intend to review and amend the ESA1, ESA50 and UC50 forms 'Declaration' sections so they comply with the Data Protection Act 2018/GDPR.

To ensure GDPR compliance and prior to and subsequent to the Data Protection Act 2018/GDPR coming into force, please provide information on what actions the DWP has taken to review how it obtains and shares claimant personal data, for benefit claims, when the only basis to obtain and share the data is through opt-in claimant consent?

Yours faithfully,

Frank Zola

DWP freedom-of-information-requests, Department for Work and Pensions

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Dear Frank Zola,

I am writing in response to your request for information, received 10th

Yours sincerely,

DWP Central FoI Team

Frank Zola left an annotation ()

DWP revising UC & ESA Claims & Work Capability forms, so sharing, obtaining and processing health info will now require claimant opt-in consent.

Frank Zola left an annotation ()

"we are now aiming to have the ESA1 and
ESA50 live from mid-August and can share copies with you once they have been published. "
21/7/20 update